Equipment Hire Terms and Conditions

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Perth Camera Hire. We and you are each a Party to these Terms, and together, the Parties.

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services or hire the Equipment unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings – each time such a word is used, it has the same meaning. You can find a list of the defined words and their meanings at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: [email protected].

These Terms were last updated on 8 September 2025.

OUR DISCLOSURES

Please read these Terms carefully before you accept them. We draw your attention to:

• our privacy policy (available on our website) which sets out how we will handle your personal information; and
• clause 8 (Liability), which sets out exclusions and limitations to our liability under these Terms.

These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.

Background

• We provide cameras and camera equipment for hire on our Booking Platform, accessible via our website perthcamerahire.com.au;
• You select the relevant Equipment on our Booking Platform; and
• You agree to hire the Equipment in accordance with the terms set out in these Terms and on the Booking Platform.

Engagement and Term

These Terms apply from the Commencement Date until the date that is the earlier of:

• the date set out on the Booking Platform;
• the date on which you have returned the Equipment to us in its Original Condition (as reasonably determined by us); or
• the date on which these Terms are terminated,

(Term).

Services

In consideration of your payment of the Hire Fees, we will provide the Services in accordance with these Terms and as further set out on the Booking Platform, whether by ourselves or through our Personnel.

If these Terms specify a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by that time, but you agree that such time is an estimate only.

All variations to the Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or as otherwise reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Services or to our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.

Collecting the Equipment

You are responsible for collecting the Equipment from us. You are required to present a valid government-issued photo identification (such as a driver’s licence or passport) when picking up the Equipment. You must collect the Equipment by the time agreed between the Parties. Risk in the Equipment will pass to you once you have collected it from our premises at 5/146 Balcatta Road, Balcatta WA 6020. You will be responsible for any costs of collection.

Operating the Equipment

You will be responsible for the cost of operating the Equipment, including the cost of any consumables.

We will be responsible for the cost of maintaining and servicing the Equipment. You will be responsible for the costs of any repairs to the Equipment (including the cost of replacement parts) caused by your improper or negligent use of the Equipment, which will be a debt due and immediately payable to us.

You will take out and maintain, for the duration of the Term, insurance sufficient to cover the full replacement value of the Equipment in the event of loss or damage.

You agree to (and, to the extent applicable, ensure that your Personnel agree to):

• comply with these Terms, all applicable Laws, our reasonable requests, and any operating instructions for the Equipment (including any manuals or information provided with the Equipment);
• contact us immediately if there is any damage to, or any defects in, the Equipment;
• ensure that any person using the Equipment is properly qualified or trained to safely do so;
• not allow anyone to interfere or tamper with the Equipment;
• not allow any third party to conduct repairs or maintenance on the Equipment without our prior consent;
• pay us the cost of the Equipment (as a debt due and immediately payable) if the Equipment is lost, stolen, damaged or destroyed while in your care;
• protect and maintain the Equipment in its Original Condition; and
• keep the Equipment in your custody and control at all times, and not sublease, rent, sell or otherwise transfer it to any other person.

Returning the Equipment

You must return the Equipment to us at our drop-off location (5/146 Balcatta Road, Balcatta WA 6020) in its Original Condition at the time agreed between the Parties, or if no time is specified, immediately upon the termination or expiry of these Terms.

You agree that if you do not return the Equipment to us (at the drop-off location) by the agreed time, or have not made the Equipment available for our collection at the agreed time (if we have elected, in our sole discretion, to collect the Equipment), then we may charge you the Late Return Charge.

You agree that the Late Return Charge is a genuine pre-estimate of the loss suffered or incurred by us as a result of your delay in returning the Equipment to us.

Title, Risk and Security

Title in any Equipment hired to you will at all times remain with us, and you:

• take the Equipment as a bare bailee only;
• irrevocably appoint us as your attorney to do all acts and things necessary to ensure our retention of title to the Equipment, including registering any security interest in our favour with respect to the Equipment; and
• must not allow any other person to have or acquire any security interest in the Equipment without our prior written consent.

To the extent that our interest in the hire of the Equipment is a “security interest” for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA):

• we may register any actual or likely security interest, and you must take all steps that we consider necessary or desirable to ensure our security interest in the Equipment (and any proceeds of its sale) is enforceable, perfected and has priority over all other security interests;
• if we register our security interest in accordance with the PPSA, it is without prejudice to any other rights that we have at law;
• you acknowledge and agree that we have not authorised any disposal or dealing with the Equipment, and our security interest attaches to any proceeds of any unauthorised sale of the Equipment;
• you waive your right to receive any notice (including any notice of a verification statement) that is required by the PPSA, including (but not limited to) notices under sections 95, 118, 121, 130, 132, 135 or 157;
• you agree that sections 95, 96, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 142 and 143 of the PPSA do not apply to the enforcement of our security interest; and
• you must not disclose any information of the kind referred to in section 275 of the PPSA, except as permitted under that section.

Orders

During the Term, you may request us to supply the Services by making a booking through our Booking Platform (an Order Request). When making a booking on our Booking Platform, you will be required to create a user account during the checkout process. If we accept your Order Request, we will issue confirmation of your booking (for example, via email or through our Booking Platform), and it will become a binding Order.

Each Order is subject to, and will be governed by, these Terms and any other conditions expressly set out in the Order. To the extent of any ambiguity or discrepancy between an Order and these Terms, these Terms will prevail.

Hire Fees and Payment

In consideration for us providing the Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms. However, we do not charge Hire Fees for any weekend days (Saturday or Sunday) during your hire period – any Saturday or Sunday included in your hire will not incur Hire Fees.

If you are required to pay a bond in respect of any Equipment, you agree that:

• we will have no obligation to provide the Equipment to you until you have paid the bond in full;
• the bond will be used as security for your obligations under these Terms, and we may call upon or apply the bond to satisfy any obligations or liabilities you owe us; and
• subject to your compliance with these Terms, we will refund you the balance of the bond (if any) within a reasonable time after the end of the relevant hire period.

If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion and without prejudice to any of our other rights or remedies under these Terms or at Law):

• after a period of 5 Business Days from the due date, cease providing the Services and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including any recovery costs);
• charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date in accordance with the Payment Terms; and/or
• enter any premises where the Equipment is stored or held for the purpose of retrieving and taking possession of the Equipment, and you agree to provide any access, items and consents required to enable us to do so.

When applicable, any GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Confidential Information

Subject to clause 6.2, each Party must (and must ensure that its Personnel do) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, any information provided by the other Party, including information about these Terms and the other Party’s business and operations.

Clause 6.1 does not apply where the disclosure is required by Law, or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising under these Terms, provided that the disclosing Party ensures the adviser complies with clause 6.1.

This clause 6 will survive the termination of these Terms.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you have Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.

Subject to your Consumer Law Rights, we provide all materials, work and services (including the Services) to you without any conditions or warranties of any kind, whether implied or otherwise, except where expressly set out in these Terms.

This clause 7 will survive the termination or expiry of these Terms.

Liability

To the maximum extent permitted by Law, you are liable for and agree to indemnify us and hold us harmless in respect of any Liability which we may suffer, incur or otherwise become liable for as a result of, or in connection with:

• any property loss or damage, or any death or personal injury, arising from or in connection with your improper or negligent use of the Equipment;
• any loss (including theft) of, or damage to, the Equipment when you are responsible for the risk in the Equipment;
• any failure to return the Equipment in its Original Condition; and
• all Liabilities suffered or incurred by us in repossessing or recovering the Equipment in accordance with these Terms.

Despite anything to the contrary (but subject to your Consumer Law Rights), to the maximum extent permitted by Law:

• neither Party will be liable for any Consequential Loss;
• each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss;
• where our Services are not ordinarily acquired for personal, domestic or household use or consumption, in the event we fail to comply with any applicable Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
• our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Hire Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.

This clause 8 will survive the termination or expiry of these Terms.

Termination

These Terms will terminate immediately upon written notice by a Party (the Non-Defaulting Party) if:

• the other Party (the Defaulting Party) breaches a material term of these Terms, and that breach is not remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
• (to the extent permitted under the Corporations Act 2001 (Cth)) any of the following occurs:
  • a step is taken to enter into any arrangement between the Defaulting Party and its creditors;
  • a step is taken to appoint a receiver, receiver and manager, liquidator, provisional liquidator or like person to the whole or any part of the Defaulting Party’s assets or business;
  • the Defaulting Party becomes bankrupt; or
  • the Defaulting Party is unable to pay its debts as they fall due.

Upon the expiry or termination of these Terms:

• without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you;
• you must pay for all Services provided prior to termination, including Services that have been performed but not yet invoiced, and all other amounts due and payable under these Terms;
• you must return the Equipment to us, or make the Equipment available for our collection (at our sole discretion), and you grant us a right of access to your premises where the Equipment is located for this purpose;
• if these Terms are terminated by us pursuant to clause 9.1, you also agree to pay us our additional costs, reasonably incurred, which arise directly from such termination (including any recovery fees); and
• we may retain your documents and information (including copies) to the extent required by Law or under any information technology back-up procedure, provided that we handle your information in accordance with clause 6.

Unless otherwise agreed between the Parties, if these Terms are terminated:

• by us, then any current Order will also terminate on the date of termination and we will immediately cease providing the Services; or
• by you, then any outstanding Orders will continue in accordance with their terms (and these Terms) until such time as those Orders are completed or are otherwise terminated in accordance with their terms.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under them up to the date of termination.

This clause 9 will survive the termination or expiry of these Terms.

General

Amendment: We may amend these Terms at any time by providing written notice to you (including via email). By clicking “I accept” or continuing to use our Services after such notice, or 30 days after notification (whichever is earlier), you agree to the amended Terms. If you do not agree to an amendment, you should cease using the Services.

Assignment: Subject to clauses 10.3 and 10.10, a Party must not assign, novate or deal with any of its rights or obligations under these Terms without the prior written consent of the other Party (which consent is not to be unreasonably withheld).

Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting with a representative of the other Party within 10 Business Days of notifying the other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.

Force Majeure: Neither Party will be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on this clause:

• as soon as reasonably practical, notifies the other Party in writing of the details of the Force Majeure Event and the extent to which it is unable to perform its obligations; and
• uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

If a Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may terminate these Terms by notice, with immediate effect (unless otherwise stated in the notice). This clause does not apply to any obligation to pay any amount due and payable to the other Party under these Terms.

Governing Law: These Terms are governed by the laws of Western Australia. Each Party irrevocably submits to the exclusive jurisdiction of the courts operating in Western Australia, and any courts entitled to hear appeals from those courts. Each Party waives any right to object to proceedings being brought in those courts.

Intellectual Property: Nothing in these Terms constitutes an assignment or transfer of a Party’s intellectual property rights to the other Party.

Notices: Any notice given under these Terms must be in writing and addressed to the addresses set out in these Terms, or to the relevant address last notified by the recipient. Any notice may be sent by standard post or by email, and will be deemed to have been received 48 hours after posting, or at the time of transmission in the case of email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. Any such subcontracting will not discharge us from any liability under these Terms, and we will be liable for the acts and omissions of our subcontractors as if they were our own.

Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given on our Booking Platform, and:

• Australian Consumer Law means the Australian consumer law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
• Booking Platform means the platform on which you book and hire the Equipment, available at perthcamerahire.com.au.
• Business Day means a day on which banks are open for general banking business in Perth, Western Australia, excluding Saturdays, Sundays and public holidays.
• Commencement Date means the date that is the earlier of:
  • the date that you ask us to begin supplying the Services; or
  • the date that you make part or full payment of the Hire Fees.
• Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Hire Fees and any other amounts payable under these Terms will not itself constitute “Consequential Loss”.
• Consumer Law Rights has the meaning given in clause 7.1.
• Equipment means any equipment that we lease or hire to you as part of the Services.
• Force Majeure Event means any event or circumstance beyond a Party’s reasonable control, including but not limited to acts of God (such as fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster), civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, sabotage or act of a public enemy, war (declared or not) or other hostilities, ionising radiation or contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government-sanctioned shutdown, pandemic (including COVID-19 and variations of it) or epidemic.
• Hire Fees means the price set out on the Booking Platform or in any Order, as adjusted in accordance with these Terms.
• Late Return Charge means the fee for late return of Equipment, as set out on the Booking Platform or in any Order, as adjusted in accordance with these Terms.
• Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or authority with the power to bind a Party in connection with these Terms or the supply of the Services.
• Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), however arising, whether direct or indirect, present or future, fixed or unascertained, actual or contingent, and whether involving a third party or a Party to these Terms or otherwise.
• Order means an order for the supply of Services, placed in accordance with clause 4 of these Terms.
• Original Condition means the Equipment being clean and free from damage or defects, and in the same condition as when we provided the Equipment to you, subject to fair wear and tear.
• Payment Terms means the timing for payment of the Hire Fees and any other amounts payable under these Terms, as set out on the Booking Platform.
• Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents (but in respect of you, does not include us).
• Services means the services set out on the Booking Platform or in any Order, as adjusted in accordance with these Terms.
• Terms means these terms and conditions, including any Order issued under them, and includes any documents attached to, or referred to in, any of them.